Artificial Intelligence’s Influence on Human Rights

Abstract

Abstract. The present article is devoted to the analysis of the key positive and negative issues regarding the consequences of artificial intelligence (hereinafter – AI) technologies to the insurance and exercise of human rights. Article establishes the fundamental human rights, prescribed by the Convention For the Protection of Human Rights and Fundamental Freedoms, the enjoyment of which today is influenced by new technologies. The findings, provided in the present article can serve the supporting instrument during the process of draft national legislation of the countries and develop of a regulation for the main areas of public relations that will be significantly affected by AI in the future. As well, as during the analysis of the main threats and preventive mechanisms to prevent disproportionate and illegal restrictions on human rights due to the application of AI. The author also analyzes the need and mechanisms aimed at insurance the principle of proportionality between the restriction of the rights of developers and manufacturers of artificial technologies on the one hand, and the insurance of the fundamental rights of individuals, on the other hand. The article covers the review of different scholars’ approaches as regards needs of consideration controversial legal and moral issues during the developments of legislation and regulations of AI. Another aspect of the analysis is the overview of the legislation of the European Union in the sphere at stake. The article observes the main legal acts of European Union, which are designed to regulate the development, use and operation of AI technologies in view of their impact on the protection of fundamental human rights. There is also the outlining statement on the problem of the low number of legal acts in Ukraine in the field in stake. Given the trends of rapid introduction of AI technologies in public life, there is an overview of European Court’s of Human Rights cases, dealing with the violation of fundamental human rights by the use of AI technologies. In addition to highlighting the changes and developments in the legal framework of the European Union, the article provides the overview of general principles and prospects for legal regulation at the international level and its potential impact on domestic legislation. In particular, it provides the analysis of moral, ethical and legal requirements of the Commission for Civil Law Regulation of the European Parliament in the field of robotics in relation to developers and manufacturers of AI.